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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE STATE WATER CODE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 174C-2, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  There is a need for a program of comprehensive water
 
 4 resources planning to address the problems of supply and
 
 5 conservation of water.  The [state] Hawaii water [use and
 
 6 protection] plan, with such future amendments, supplements, and
 
 7 additions as may be necessary, is accepted as the guide for
 
 8 developing and implementing this policy."
 
 9      SECTION 2.  Section 174C-31, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "174C-31  Hawaii water plan.(a)  The Hawaii water plan
 
12 shall consist of four parts:  (1) a water resource protection
 
13 plan which shall be prepared by the [water resources] commission;
 
14 (2) water use and development plans for each county which shall
 
15 be prepared by each separate county and adopted by ordinance,
 
16 setting forth the allocation of water to land use in that county;
 
17 (3) a state water [project] projects plan which shall be prepared
 
18 by the agency which has jurisdiction over such projects in
 
19 conjunction with other state agencies; and (4) a water quality
 

 
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 1 plan which shall be prepared by the department of health.
 
 2      (b)  All water use and development plans shall be prepared
 
 3           in a manner consistent with the following conditions:
 
 4      (1)  Each water use and development plan shall be consistent
 
 5           with the water resource protection and water quality
 
 6           [plan.] plans.
 
 7      (2)  Each water use and development plan and the state water
 
 8           projects plan shall be consistent with the respective
 
 9           county land use plans and policies including general
 
10           plan and zoning as determined by each respective
 
11           county.
 
12      (3)  The water use and development plan for each county
 
13           shall also be consistent with the state land use
 
14           classification and policies.
 
15      (4)  The cost to develop the initial water use and
 
16           development plan for each county shall be funded by the
 
17           State in an amount not exceeding $150,000 per county.
 
18      (5)  The cost of maintaining the water use and development
 
19           plan shall be borne by the counties; state water
 
20           capital improvement funds appropriated to the counties
 
21           shall be deemed to satisfy Article VIII, section 5 of
 
22           the State Constitution.
 
23      (6)  Each county in order to be eligible for state
 

 
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 1           appropriations for county water projects must have
 
 2           developed an acceptable water use and development plan
 
 3           within the time frame established by this chapter.
 
 4      (c)  To prepare the water [resources] resource protection
 
 5 and water quality [plan,] plans, the commission shall:
 
 6      (1)  Study and inventory the existing water resources of the
 
 7           State and the means and methods of conserving and
 
 8           augmenting such water resources;
 
 9      (2)  Review existing and contemplated needs and uses of
 
10           water including state and county land use plans and
 
11           policies and study their effect on the environment,
 
12           procreation of fish and wildlife, and water quality;
 
13      (3)  Study the quantity and quality of water needed for
 
14           existing and contemplated uses, including irrigation,
 
15           power development, geothermal power, and municipal
 
16           uses;
 
17      (4)  Identify rivers or streams, or a portion of a river or
 
18           stream, which appropriately may be placed within a wild
 
19           and scenic rivers system, to be preserved and protected
 
20           as part of the public trust.  For the purposes of this
 
21           paragraph, the term "wild and scenic rivers" means
 
22           rivers or streams, or a portion of a river or stream of
 
23           high natural quality or that possess significant scenic
 

 
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 1           value, including but not limited to, rivers or streams
 
 2           which are within the natural area reserves system.  The
 
 3           commission shall report its findings to the legislature
 
 4           twenty days prior to the convening of each regular
 
 5           legislative session; and
 
 6      (5)  Study such other related matters as drainage,
 
 7           reclamation, flood hazards, floodplain zoning, dam
 
 8           safety, and selection of reservoir sites, as they
 
 9           relate to the protection, conservation, quantity, and
 
10           quality of water.
 
11      (d)  The water resource protection plan shall include, but
 
12 not be limited to:
 
13      (1)  Nature and occurrence of water resources in the State;
 
14      (2)  Hydrologic units and their characteristics, including
 
15           the quantity and quality of available resource,
 
16           requirements for beneficial instream uses and
 
17           environmental protection, desirable uses worthy of
 
18           preservation by permit, and undesirable uses for which
 
19           permits may be denied;
 
20      (3)  Existing and contemplated uses of water, as identified
 
21           in the water use and development plans of the State and
 
22           the counties, their impact on the resource, and their
 
23           consistency with objectives and policies established in
 

 
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 1           the water resource protection and water quality [plan;]
 
 2           plans;
 
 3      (4)  Programs to conserve, augment, and protect the water
 
 4           resource; and
 
 5      (5)  Other elements necessary or desirable for inclusion in
 
 6           the plan.
 
 7      Thereafter, the commission in coordination with the counties
 
 8 and the department of health shall formulate an integrated
 
 9 coordinated program for the protection, conservation, and
 
10 management of the waters in each county based on the above
 
11 studies.  This program, with such amendments, supplements, and
 
12 additions as may be necessary, shall be known as the water
 
13 resource protection and water quality [plan.] plans.
 
14      Thereafter, each county shall prepare a water use and
 
15 development plan and the appropriate state agency shall prepare
 
16 the state water projects plan.
 
17      (e)  The department of agriculture shall prepare a state
 
18 agricultural water use and development plan for agricultural uses
 
19 in the State in accordance with chapter 167 and this chapter, and
 
20 subsequently modify and update the plan as necessary.  The state
 
21 agricultural water use and development plan shall include but not
 
22 be limited to a master irrigation inventory plan which shall:
 
23      (1)  Inventory the irrigation water systems;
 

 
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 1      (2)  Identify the extent of rehabilitation needed for each
 
 2           system;
 
 3      (3)  Subsidize the cost of repair and maintenance of the
 
 4           systems;
 
 5      (4)  Establish criteria to prioritize the rehabilitation of
 
 6           the systems;
 
 7      (5)  Develop a five-year program to repair the systems; and
 
 8      (6)  Set up a long-range plan to manage the systems.  The
 
 9           commission shall coordinate the incorporation of the
 
10           state agricultural water use and development plan into
 
11           the state water projects plan.
 
12      (f)  Each county water use and development plan shall
 
13 include but not be limited to:
 
14      (1)  Status of water and related land development including
 
15           an inventory of existing water uses for domestic,
 
16           municipal, and industrial users, agriculture,
 
17           aquaculture, hydropower development, drainage, reuse,
 
18           reclamation, recharge, and resulting problems and
 
19           constraints;
 
20      (2)  Future land uses and related water needs; and
 
21      (3)  Regional plans for water developments including
 
22           recommended and alternative plans, costs, adequacy of
 
23           plans, and relationship to the water resource
 

 
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 1           protection and water quality [plan.] plans.
 
 2      [(d)] (g)  The Hawaii water plan shall be directed toward
 
 3 the achievement of the following objectives:
 
 4      (1)  The attainment of maximum reasonable-beneficial use of
 
 5           water for such purposes as those referred to in
 
 6           subsection (a);
 
 7      (2)  The proper conservation and development of the waters
 
 8           of the State;
 
 9      (3)  The control of the waters of the State for such public
 
10           purposes as navigation, drainage, sanitation, and flood
 
11           control;
 
12      (4)  The attainment of adequate water quality as expressed
 
13           in the [state] water resource protection and water
 
14           quality [plan;] plans; and
 
15      (5)  The implementation of the water resources policies
 
16           expressed in section 174C-2.
 
17      [(e)] (h)  The Hawaii water plan shall divide each county
 
18 into sections which shall each conform as nearly as practicable
 
19 to a hydrologic unit.  The [board] commission shall describe and
 
20 inventory:
 
21      (1)  All water resources and systems in each hydrologic
 
22           unit;
 
23      (2)  All presently exercised uses;
 

 
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 1      (3)  The quantity of water not presently used within that
 
 2           hydrologic unit; and
 
 3      (4)  Potential threats to water resources, both current and
 
 4           future.
 
 5      [(f)] (i)  Within each hydrologic unit the commission shall
 
 6 establish the following:
 
 7      (1)  An instream use and protection program for the surface
 
 8           watercourses in the area.
 
 9      (2)  Sustainable yield.  The sustainable yield shall be
 
10           determined by the commission using the best information
 
11           available and shall be reviewed periodically.  Where
 
12           appropriate the sustainable yield may be determined to
 
13           reflect seasonal variation.
 
14      [(g)] (j)  The commission shall condition permits under part
 
15 IV of this chapter in such a manner as to protect instream flows
 
16 and maintain sustainable yields of ground water established under
 
17 this section.
 
18      [(h)] (k)  The commission shall give careful consideration
 
19 to the requirements of public recreation, the protection of the
 
20 environment, and the procreation of fish and wildlife.  The
 
21 commission may prohibit or restrict other future uses on certain
 
22 designated streams which may be inconsistent with these
 
23 objectives.
 

 
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 1      [(i)] (l)  The commission may designate certain uses in
 
 2 connection with a particular source of supply which, because of
 
 3 the nature of the activity or the amount of water required, would
 
 4 constitute an undesirable use for which the commission may deny a
 
 5 permit under the provisions of part IV.
 
 6      [(j)] (m)  The commission may also designate certain uses in
 
 7 connection with a particular source of supply which, because of
 
 8 the nature of the activity or amount of water required, would
 
 9 result in an enhancement or improvement of the water resources of
 
10 the area.  Such uses shall be preferred over other uses in any
 
11 action pursuant to sections 174C-50(h) and 174C-54.
 
12      [(k)] (n)  The commission may add to the Hawaii water plan
 
13 any other information, directions, or objectives it feels
 
14 necessary or desirable for the guidance of the counties in the
 
15 administration and enforcement of this chapter.
 
16      [(l)] (o)  In formulating or revising the plans, each county
 
17 and the commission shall consult with and carefully evaluate the
 
18 recommendations of concerned federal, state, and county agencies.
 
19      [(m)] (p)  The commission shall not adopt, approve, or
 
20 modify any portion of the Hawaii water plan which affects a
 
21 county or any portion thereof without first holding a public
 
22 hearing on the matter on the island on which the water resources
 
23 are located.  At least ninety days in advance of such hearing,
 

 
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 1 the commission shall notify the affected county and shall give
 
 2 notice of such hearing by publication within the affected region
 
 3 and statewide.
 
 4      [(n)] (q)  In formulating or revising each county's water
 
 5 use and development plan, the state water [project] projects
 
 6 plan, the water resource protection plan and the water quality
 
 7 plan, each county and the commission shall incorporate the
 
 8 current and foreseeable development and use needs of the
 
 9 department of Hawaiian home lands for water as provided in
 
10 section 221 of the Hawaii Homes Commission Act.
 
11      Each county shall update and modify its water use and
 
12 development plans as necessary to maintain consistency with its
 
13 zoning and land use policies."
 
14      SECTION 3.  Section 174C-32, Hawaii Revised Statutes, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  Respective portions of the water resource protection
 
17 and water quality [plan,] plans, and the water use and
 
18 development plans of each county, shall be developed together to
 
19 achieve maximum coordination."
 
20      SECTION 4.  Section 174C-41, Hawaii Revised Statutes, is
 
21 amended by amending subsection (b) to read as follows:
 
22      "(b)  The designation of a water management area by the
 
23 commission may be initiated upon recommendation by the
 

 
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 1 chairperson or by written petition.  It shall be the duty of the
 
 2 chairperson to make recommendations when it is desirable or
 
 3 necessary to designate an area and there is factual data for a
 
 4 decision by the commission.  The chairperson, after consultation
 
 5 with the appropriate county council, county mayor, and county
 
 6 water board, shall act upon the petition by making a
 
 7 recommendation for or against the proposed designation to the
 
 8 commission within sixty days after receipt of the petition or
 
 9 such additional time as may be reasonably necessary to determine
 
10 that there is factual data to warrant the proposed designation."
 
11      SECTION 5.  Section 174C-43, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[[]174C-43[]]  Investigations required.  Before any
 
14 proposed water management area is designated by the commission,
 
15 the chairperson may conduct, cooperate with the appropriate
 
16 federal or county water agency in conducting, or administer
 
17 contracts for the conduct of, any scientific investigation or
 
18 study deemed necessary for the commission to make a decision to
 
19 designate a water management area.  In connection with such
 
20 investigation or study, the chairperson from time to time may
 
21 require reports from water users as to the amount of water being
 
22 withdrawn and as to the manner and extent of the beneficial use.
 
23 Such reports shall be made on forms furnished by the
 

 
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 1 [department.] commission."
 
 2      SECTION 6.  Section 174C-44, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]174C-44[]] Ground water criteria for designation.  In
 
 5 designating an area for water use regulation, the commission
 
 6 shall consider the following:
 
 7      (1)  Whether an increase in water use or authorized planned
 
 8           use may cause the maximum rate of withdrawal from the
 
 9           ground water source to reach ninety per cent of the
 
10           sustainable yield of the proposed ground water
 
11           management area;
 
12      (2)  There is an actual or threatened water quality
 
13           degradation as determined by the department of health;
 
14      (3)  Whether regulation is necessary to preserve the
 
15           diminishing ground water supply for future needs, as
 
16           evidenced by excessively declining ground water levels;
 
17      (4)  Whether the rates, times, spatial patterns, or depths
 
18           of existing withdrawals of ground water are endangering
 
19           the stability or optimum development of the ground
 
20           water body due to [upcoming] upconing or encroachment
 
21           of salt water;
 
22      (5)  Whether the chloride contents of existing wells are
 
23           increasing to levels which materially reduce the value
 

 
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 1           of their existing uses;
 
 2      (6)  Whether excessive preventable waste of ground water is
 
 3           occurring;
 
 4      (7)  Serious disputes respecting the use of ground water
 
 5           resources are occurring; or
 
 6      (8)  Whether water development projects that have received
 
 7           any federal, state, or county approval may result, in
 
 8           the opinion of the commission, in one of the above
 
 9           conditions.
 
10      Notwithstanding an imminent designation of a ground water
 
11 management area conditioned on a rise in the rate of ground water
 
12 withdrawal to a level of ninety per cent of the area's
 
13 sustainable yield, the commission, when such level reaches the
 
14 eighty per cent level of the sustainable yield, may invite the
 
15 participation of water users in the affected area to an
 
16 informational hearing for the purposes of assessing the ground
 
17 water situation and devising mitigative measures."
 
18      SECTION 7.  Section 174C-46, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "174C-46  Findings of fact; decision of commission.  After
 
21 public hearing and any investigations deemed necessary have been
 
22 completed, the chairperson, after consultation with the
 
23 appropriate county council, county mayor, and county water board,
 

 
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 1 shall make a recommendation to the commission for decision.  The
 
 2 commission shall render its decision within ninety days after the
 
 3 chairperson's recommendation to the commission.  If the
 
 4 commission decides to designate a water management area, it shall
 
 5 cause a public notice of its decision to be given in the
 
 6 appropriate county and when so given, its decision shall be final
 
 7 unless judicially appealed."
 
 8      SECTION 8.  Section 174C-50, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (d) to read as follows:
 
10      "(d)  An application shall be acted upon by the commission
 
11 within ninety calendar days of an application not requiring a
 
12 hearing, or within one hundred eighty calendar days of an
 
13 application requiring a hearing.  The time periods prescribed in
 
14 this subsection shall not be deemed to run for any period in
 
15 which an application is not complete in all material respects in
 
16 the judgment of the [board.] commission."
 
17      SECTION 9.  Section 174C-59, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]174C-59[]]  Transfer of permit.  A permit may be
 
20 transferred, in whole or in part, from the permittee to another,
 
21 if:
 
22      (1)  The conditions of use of the permit, including, but not
 
23           limited to, place, quantity, and purpose of the use,
 

 
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 1           remain the same; and
 
 2      (2)  The commission is informed of the transfer within
 
 3           ninety days.
 
 4      Failure to inform the [department] commission of the
 
 5 transfer invalidates the transfer and constitutes a ground for
 
 6 revocation of the permit.  A transfer which involves a change in
 
 7 any condition of the permit, including a change in use covered in
 
 8 section 174C-57, is also invalid and constitutes a ground for
 
 9 revocation."
 
10      SECTION 10.  Section 174C-67, Hawaii Revised Statutes, is
 
11 amended by amending subsection (b) to read as follows:
 
12      "(b)  The commission shall submit to the department of
 
13 health such information as the department of health shall
 
14 require, for the performance of its water quality functions."
 
15      SECTION 11.  Section 174C-68, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]174C-68[]]  Water quality plan.(a)  The department of
 
18 health shall formulate a state water quality plan for all
 
19 existing and potential sources of drinking water and that plan
 
20 shall become part of the Hawaii water plan described in part III.
 
21 Requirements for the plan shall be governed by chapters 340E and
 
22 342.  The state water quality plan shall include water quality
 
23 criteria for the designation of ground water management areas and
 

 
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 1 surface water [sources] management areas pursuant to section
 
 2 174C-44[.] and 174C-45.
 
 3      (b)  The state water quality plan shall be periodically
 
 4 reviewed and revised by the department of health as needed.
 
 5      (c)  In formulating or revising the state water quality
 
 6 plan, the department of health shall consult with and carefully
 
 7 evaluate the recommendations of concerned federal, state, and
 
 8 local agencies, particularly county water supply agencies.
 
 9      (d)  The department of health may ban the importation into
 
10 this State of any substances which the department of health
 
11 reasonably believes may present a danger to the water quality of
 
12 this State."
 
13      SECTION 12.  Section 174C-87, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "[[]174C-87[]]  Abandonment of wells.  When a well is
 
16 abandoned, the owner shall fill and seal the well in a manner
 
17 approved by the commission.  Before abandonment, the owner shall
 
18 file with the commission a report showing the owner's name and
 
19 address; the water use permit number, if any; the name and
 
20 address of the well driller who will be employed to perform the
 
21 work required for abandonment; the reason for abandonment; a
 
22 description of the work to be performed to effect the
 
23 abandonment; and such other information as the [board] commission
 

 
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 1 may require."
 
 2      SECTION 13.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 14.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY: ________________________
 

 
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